Law:

Section:

Establishment of Office of Wafaqi Mohtasib (Ombudsman) Order (I of 1983)---Arts. 11 & 32---Constitution of Pakistan (1973), Art. 185(3)---Nature of functions performed by Mohtasib---Recommendation made by "Mohtasib"--­Implementation--- Representation to the President of Pakistan against order of Mohtasib---Procedure---Candidate who qualified C. S. S. Competitive Examination, approached Authority for allocation of one of post of District Management Group falling vacant, but his request was turned down---Candidate lodged complaint before "Mohtasib" against order of Authority and Mohtasib after thorough scrutiny of material available before him and hearing parties, recommended that candidate was entitled to be considered for one of the posts of District Management Group---Recommendation of Mohtasib having not been acted upon by Authority, candidate approached High Court for redress of his grievance through Constitutional petition---Authority also preferred representation against recommendation of Mohtatsib before President of Pakistan who accepted same without applying judicious mind and without assigning any reason---Validity---Functions performed by Mohtasib were quasi-judicial in nature, recommendation made or findings recorded by him, could not be arbitrarily set aside without assigning any valid reason in writing in disposing of representation under Art. 32 of Establishment of Office of Wafaqi Mohtasib (Ombudsman) Order, 1983, as nothing was contained in said Article that President of Pakistan while disposing of representation, could pass any order without assigning any reason---President of Pakistan under said Order was a statutory body and had to function as such under provisions and scheme envisaged by said Order---Intention of Legislature was not that disposal of representation be made in arbitrary manner---Even if ii was assumed that institution of "Wafaqi Mohtasib" was an administrative body and President of Pakistan also acted in administrative capacity, while disposing of petition under Art. 32 of Establishment of Office of Wafaqi Mohtasib (Ombudsman) Order, 1983, an aggrieved person in whose favour a recommendation had been made or finding…

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